TxDPS v. Cox Texas Newspapers, LP.,
No. 09-0530 (Tex. Jul. 1, 2011)(Opinion by Justice Dale Wainwright) (access to records, right to privacy)
THE GIST: Our common law protects from public disclosure highly intimate or
embarrassing facts. We must decide whether it also protects information that substantially
threatens physical harm. We conclude that it does. Both sides raise important questions, not
just about safety but also about the public’s right to know how the government spends taxpayer
money. Those issues could not have been fully litigated under the standard that prevailed before
today's decision. Accordingly, we reverse the court of appeals’ judgment and remand the case
to the trial court for further proceedings.
Conclusion: We reverse the court of appeals’ judgment and remand the case to the trial court
for further proceedings consistent with this opinion. Tex. R. App. P. 60.2 (d).
CASE DETAILS: TEXAS DEPARTMENT OF PUBLIC SAFETY v. COX TEXAS NEWSPAPERS, L.P., AND
HEARST NEWSPAPERS, L.L.C.; from Travis County; 3rd district (03-08-00516-CV, 287 SW3d 390, 05-
29-09)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Chief Justice Wallace B. Jefferson delivered the opinion of the Court, in which Justice Nathan L. Hecht,
Justice Paul W. Green, Justice Eva M. Guzman, and Justice Debra Lehrmann joined. [pdf]
Justice Dale Wainwright delivered a concurring opinion, in which Justice Phil Johnson joined. [pdf]
(Justice David Medina and Justice Don R. Willett not sitting)
Here is the link to
e-briefs in case no. 09-0530 TEX. DEPT. OF PUBLIC SAFETY v. COX TEXAS NEWSPAPERS, L.P.
[including one amicus brief by Freedom of Information Foundation of Texas
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════ Texas DPS v. Cox Newspapers, LP (Tex. 2011)(Justice Wainwright)
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TEXT OF OPINION [ coming soon ]
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Also see: Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per
Curiams